European Union (Appliances Burning Gaseous Fuels) Regulations 2018

JurisdictionIreland
CitationIR SI 126/2018

ARRANGEMENT OF REGULATIONS

PART 1

General Provisions

1. Citation and commencement

2. Interpretation

3. Designation of competent authority and market surveillance authority

4. Making available on the market and putting into service

5. Essential requirements

6. Exception for trade fairs, exhibitions and demonstrations

7. Obligations of economic operators

PART 2

Notification of Conformity Assessment Bodies

8. Notification

9. Notifying Authority

10. Requirements relating to notified bodies

PART 3

Market Surveillance, Control of Appliances and Fittings Entering the Market and Safeguard Procedure

11. Market surveillance and control of appliances and fittings entering the market

12. Procedure for dealing with appliances or fittings presenting a risk at national level

13. Safeguard procedure

14. Compliant appliances or fittings which present a risk

15. Formal non-compliance

PART 4

Enforcement

16. Authorised officers

17. Indemnification of authorised officers

18. Powers of authorised officers

19. Contravention notice

20. Forfeiture orders

21. Prohibition notice

22. Seizure and disposal of unsafe appliances or fittings

23. Service of notifications

24. Right of appeal against certain measures

PART 5

Offences and Penalties

25. Offences and Penalties

26. Offence of providing false or misleading information

27. Penalties

28. Offences by bodies corporate

29. Amendment of Consumer Protection Act 2007

30. Transitional provisions

31. Revocation

S.I. No. 126 of 2018

EUROPEAN UNION (APPLIANCES BURNING GASEOUS FUELS) REGULATIONS 2018

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 1st May, 2018.

I, HEATHER HUMPHREYS, Minister for Business, Enterprise and Innovation in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purposes of giving full effect to Regulation (EU) 2016/426 of the European Parliament and of the Council of 9 March 20161 on appliances burning gaseous fuels and repealing Directive 2009/142/EC hereby make the following regulations:

PART 1

GENERAL PROVISIONS

Citation and commencement

1. (1) These Regulations may be cited as the European Union (Appliances Burning Gaseous Fuels) Regulations 2018.

(2) These Regulations shall come into operation on 21 April 2018.

Interpretation

2. (1) In these Regulations—

“Act of 2014” means the Competition and Consumer Protection Act 2014 (No. 29 of 2014);

“annex” means an annex of the Council Regulation;

“authorised officer” means a person appointed under Regulation 16;

“Council Regulation” means Regulation (EU) 2016/426 of the European Parliament and of the Council of 9 March 20161 on appliances burning gaseous fuels and repealing Directive 2009/142/EC;

“competent authority” means—

(a) in the State, the relevant competent authority, or

(b) in another Member State, any authority or body designated as competent authority by that Member State for the purposes of the Council Regulation;

“Minister” means the Minister for Business, Enterprise and Innovation;

Regulation (EC) No. 765/2008” means Regulation (EC) No. 765/2008 of the European Parliament and of the Council of 9 July 20082 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No. 339/93;

“Regulations of 1992” means the European Communities (Appliances Burning Gaseous Fuels) Regulations 1992 ( S.I. No. 101 of 1992 );

“relevant competent authority” shall be construed in accordance with Regulation 3;

“relevant market surveillance authority” shall be construed in accordance with Regulation 3.

(2) A word or expression which is used in these Regulations and which is also used in the Council Regulation or in Regulation (EC) No. 765/2008 has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Council Regulation or Regulation (EC) No. 765/2008 as the case may be.

Designation of competent authority and market surveillance authority

3. (1) For the purposes of these Regulations and the Council Regulation, the Competition and Consumer Protection Commission is designated as—

(a) the relevant market surveillance authority, and

(b) the relevant competent authority,

for domestic appliances.

(2) For the purposes of these Regulations and the Council Regulation, the Health and Safety Authority is designated as—

(a) the relevant market surveillance authority, and

(b) the relevant competent authority,

for non-domestic appliances.

Making available on the market and putting into service

4. A person shall not make available on the market or put into service any appliance or fitting unless, when normally used, it satisfies the requirements of these Regulations and the Council Regulation.

Essential requirements

5. (1) An appliance or a fitting shall meet the essential requirements set out in Annex I.

(2) A person shall not make available on the market or put into service any appliance or fitting unless the appliance or fitting concerned meets the essential requirements set out in Annex I.

Exception for trade fairs, exhibitions and demonstrations

6. (1) Nothing in these Regulations shall prevent the showing of appliances or fittings that are not in conformity with these Regulations or the Council Regulation at trade fairs, exhibitions, demonstrations or similar events, provided that a clearly visible sign is displayed indicating—

(a) that the appliances or fittings concerned do not conform with these Regulations, and

(b) that the appliances or fittings are not for sale until they are brought into conformity with these Regulations.

(2) During demonstrations, an economic operator shall ensure that adequate safety measures are taken to ensure the protection of persons, domestic animals and property.

Obligations of economic operators

7. A manufacturer, authorised representative, importer or distributor of appliances and fittings shall comply with the provisions listed in Chapter II of the Council Regulation.

PART 2

NOTIFICATION OF CONFORMITY ASSESSMENT BODIES

Notification

8. The Minister shall notify the European Commission and the other Member States of bodies authorised in the State to carry out third-party conformity assessment tasks under the Council Regulation.

Notifying Authority

9. (1) The Minister is designated as the notifying authority for purposes of Article 20 of the Council Regulation.

(2) The Minister shall set up and carry out the necessary procedures for the assessment and notification of conformity assessment bodies and the monitoring of notified bodies, including compliance with Article 25 of the Council Regulation.

Requirements relating to notified bodies

10. (1) A conformity assessment body shall meet the requirements of Article 23 of the Council Regulation for the purposes of notification.

(2) Where the Minister has ascertained or has been informed that a notified body no longer meets the requirements laid down in Article 23 of the Council Regulation or that it is failing to fulfil its obligations, the Minister shall restrict, suspend or withdraw notification as appropriate, depending on the seriousness of the failure to meet those requirements or fulfil those obligations.

(3) The Minister shall—

(a) inform the notified body concerned in writing of his or her decision under paragraph (2) and allow the body an opportunity to make representation to him or her, and

(b) immediately inform the European Commission and other Member States accordingly.

(4) Where the Minister has restricted, suspended or withdrawn notifications in accordance with paragraph (2) or where the notified body has ceased its activity, the Minister shall take appropriate steps to ensure that the files of that body are either processed by another notified body or kept available for the responsible notifying and market surveillance authorities at their request.

(5) A notified body shall inform the Minister of the following:

(a) any refusal, restriction, suspension or withdrawal of a certificate or approval decision;

(b) any circumstances affecting the scope of or conditions for notification;

(c) any request for information which they have received from market surveillance authorities regarding conformity assessment activities;

(d) on request, conformity assessment activities performed within the scope of their notification and any other activity performed, including cross-border activities and subcontracting.

(6) A notified body shall provide the other bodies notified under the Council Regulation carrying out similar conformity assessment activities covering the same appliances or fittings with relevant information on issues relating to negative and, on request, positive conformity assessment results.

(7) An application for notification by a conformity assessment body shall be made to the Minister in accordance with Article 26 of the Council Regulation.

PART 3

MARKET SURVEILLANCE, CONTROL OF APPLIANCES AND FITTINGS ENTERING THE MARKET AND SAFEGUARD PROCEDURE

Market surveillance and control of appliances and fittings entering the market

11. Article 15(3) and Articles 16 to 29 of Regulation (EC) No. 765/2008 shall apply to appliances and fittings covered by the Council Regulation.

Procedure for dealing with appliances or fittings presenting a risk at national level

12. (1) Where the relevant market surveillance authority has sufficient reason to believe that an appliance or fitting covered by the Council Regulation presents a risk to the health or safety of persons or domestic animals, or to property, it shall carry out an evaluation in relation to the appliance or fitting concerned covering all relevant requirements laid down in the Council Regulation.

(2) The relevant economic operator shall cooperate as...

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